New Castle Products

National Labor Relations Board - Board DecisionsAug 21, 1941

34 N.L.R.B. 683 (N.L.R.B. 1941)

In the Matter of H. D. OBERDORFER AND J. S. OBERDORFER, PARTNERS, DOING BUSINESS UNDER THE NAME OF NEW CASTLE PRODUCTS and UNITED FURNITURE WORKERS OF AMERICA (C. I.O.) , LOCAL # 616 Case No. R-20788.-Decided August 21, 1941 Jurisdiction : folding door and bleacher seat manufacturing industry. Investigation and Certification of Representatives : existence of question: Com- pany refused recognition until union certified by the Board; contract entered into with notice of petitioning union 's claim , no bar to; election necessary ; employee who began his employment in June and expects to terminate it in August and return to school held ineligible to vote in election ordered within 30 days after August 21. Unit Appropriate for Collective Bargaining : all production employees, includ- ing hourly paid foremen, but excluding clerical employees and the plant man- ager; hourly paid foremen, actively engaged in production work and covered in past and present contracts between the Company and one competing union included in unit over objection of one of the unions desiring their exclusion. Scotten and Hinshaw, by Mr. Ernest Scotten, of New Castle, Ind., for the Company. Mr. Milton Siegel, of Indianapolis, Ind., and Mr. Joseph D. Persily, of Chicago, Ill., for the C. I. O. Mr. George Orr'r'is and Mr. Joseph O. Carson, II, of Indianapolis, Ind., for the A. F. of L. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On January 21, 1941, United Furniture Workers of America (C. I. 0.), Local #616, herein called the C. I. 0., filed with the Re- gional Director for the Eleventh Region (Indianapolis, Indiana) a petition alleging that a question affecting commerce had arisen con- cerning the representation of employees of H. D. Oberdorfer and J. S. Oberdorfer, partners, doing business under the name of New Castle Products,' New Castle, Indiana, herein called the Company, i On the petition and other formal papers the name of the Company erroneously appears as New Castle Products Corp. In 1938 New Castle Products, Inc,. was dissolved ' The present Company continued the business as its successor . The petition and other formal papers are hereby ordered amended to show the correct name of the Company. 34 N. L R. B., No. 85. 683 684 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 30,1941, the National Labor Relations Board, herein called the Board, acting pursuant to Sec- tion 9 (c) of the Act, and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, or- dered,an investigation and authorized the Regional Director to con- duct it and to provide for an appropriate hearing upon due notice. On July 14, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the C. I. 0., and United Brotherhood of Carpenters and Joiners of America, Local 1761, A. F. of L., herein called the A. F. of L., a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on July 24, 1941, at New Castle, Indiana, before Robert D. Malarney, the Trial Examiner duly desig- nated by the Chief Trial Examiner. All parties were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing upon the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY H. D. Oberdorfer and J. S. Oberdorfer, partners, doing business under the name of New Castle Products, are engaged in the manu- facture of folding doors, bleacher seats, and other miscellaneous articles made of wood. The Company's plant is located at New Castle, Indiana. The principal raw materials used in the manufacture of its products are metal tracks, wood frames, tapestries, and imitation leather. During the year 1940, approximately 90 per cent of such raw materials, valued at more than $35,000, were obtained from sources outside Indiana. During the same period, sales of the Company's products exceeded $50,000, of which more than 35 per cent represented sales and shipments outside Indiana. The Company admits that it is engaged in commerce within the meaning of the Act. II. THE ORGANIZATIONS INVOLVED United Furniture Workers of America, Local #616, is a labor organ- ization affiliated with the Congress of Industrial Organizations. H. D. OBERDORFEiR ET AL. 685 United Brotherhood of Carpenters and Joiners of America, Local 1761, is .a labor organization affiliated with the American Federation of Labor. These organizations admit to membership employees of the Com- pany. III. THE QUESTION CONCERNING REPRESENTATION From 1938 the Company has dealt with and entered into successive closed-shop agreements with the A. F. of L. as the bargaining repre- sentative of its employees. In November 1940, when an existing con- tract was about to terminate, a representative of the A. F. of L. began negotiating for a new contract with the Company. Confer- ences between their representatives were held in December and Janu- ary. On December 30, 1940, the C. I. O. notified the Company that it claimed to represent a majority of the employees and requested a bargaining conference, and on or about January 6, 1941, representa- tives of the Company and the C. I. O. conferred. The Company re- fused to bargain with the C. I. O. until it was certified by the Board. On January 16, 1941, the Company and the A. F. of L. entered into a new closed-shop contract, effective January 22, 1941, and ter- minating 1 year thereafter. Before making this contract, the Com- pany notified the A. F. of L. that the C. I. O. had requested bargain- ing rights for the same employees. The question of the A. F. of L.'s majority was not mentioned between the Company and the A. F. of L. at any bargaining conference leading to the 1941 contract. When the C. I. O. learned that the contract had been signed, it filed its petition in this proceeding. The A. F. of L. contends, and the C. I. O. denies, that the contract is a bar to this proceeding. The Company takes no position in respect to such contention. Since the parties entered into the con- tract with notice of the existing claim of the C. I. O. to represent a majority of the same employees, we find that the contract is not a bar to an investigation and determination of representatives at this time.2 A statement prepared by the Regional Director and introduced into evidence at the hearing discloses that the C. I. O. and the A. F. of L. each represents a substantial number of employees in the appropriate unit.' 2 See Matter of Cluett, Peabody & Co., Inc., and United Garment Workers of America, Local No. 297, affiliated with the A. F. of L, 31 N. L R. B 505, and cases cited therein. 3In support of its claim to represent a majority of employees in the appropriate unit, the C. I. 0 submitted 13 membership cards bearing names of employees on the Company's pay roll of January 22, 1941 On July 24, 1941, the C. I. 0 submitted a petition allegedly signed by 12 additional employees, authorizing the C. I. 0 to represent them and peti- tioning the Board for an election The petition is undated, but at the hearing a witness testified that many signatures on it were procured in June 1940. On January 29, 1941, the A. F of L. submitted to the Regional Director its dues book, containing 27 names of employees. On June 10, 1941, a Field Examiner at the Board's 686 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE - We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The C. I. 0. and the A. F. of L. agree that non-supervisory pro- duction employees should be included in the bargaining unit and that clerical workers should be excluded. They disagree in respect to supervisory employees. The C. I. 0. would exclude them; the A. F. of L. would include them. The Company takes no position with respect to the appropriate unit. The Company's factory is divided into three production depart- ments : frame assembly, frame covering, and bleacher-seat produc- tion. In addition to about 27 non-supervisory employees, the Com- pany employs three supervisory employees : the plant manager and ,foremen of the frame-assembly and frame-covering departments, respectively. The plant manager and the foremen are directly en- gaged, at least a portion of- their time, in production work. The plant manager is paid a salary, whereas the foremen are hourly paid like other production workers. The plant manager hires and dis- charges all employees and the foremen recommend discharges. These three supervisory employees have been , included in past contracts between the A. F. of L. and the Company and are covered by the new agreement signed on January 16, 1941. Since the plant manager directly hires and discharges all em- ployees, we shall follow our usual practice and exclude the plant manager from the bargaining unit. Although they recommend dis- charges, we shall include the two foremen in the bargaining unit since they are hourly paid production workers and have been covered by previous contracts between the Company and the A. F. of L. We find that all production employees of the Company, including hourly paid foremen, but excluding clerical employees and the plant manager, constitute a unti appropriate for the purposes of collec- Regional Office made a further check of the membership roster of the A. F. of L. Twenty- five employees of the Company were members in good standing at that time. There are about 30 employees in the appropriate unit. H. D. OBEIRDORFEIR ET AL. 687 tive bargaining and that said unit will insure to employees of the Company the full benefit of their right to self -organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation can best be resolved by, and we shall direct, an election by secret ballot. Richard Oberdorfer, son of one of the partners, was employed at the plant at the time of the hearing. The C. I. O. contends that he is ineligible to vote in the election. He began his employment at- the close of, school in June and expects to return to school and termi- nate his employment at the end of August. We find that Richard Oberdorfer does not have sufficient expectation of continued employ- ment to be eligible to vote in the election. Those eligible to vote in the election shall be employees in the appropriate unit who were employed by the Company during the pay-roll period immediately preceding the date of this Direction of Election, subject to such limitations and additions as are set forth in the Direction. Upon the basis of the' above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of H. D. Oberdorfer and J. S. Oberdorfer, partners, doing business under the name of New Castle Products, New Castle, Indiana, within the meaning of Section 9 (c) and Sec- tion 2 (6) and (7) of the Act. 2. All production employees of H. D. Oberdorfer and J. S. Ober- dorfer, partners, doing business under the name of New Castle Prod- ucts, New Castle, Indiana, including hourly paid foremen, but ex- cluding clerical employees and the plant manager, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION By virtue of and' pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining 688 DECISIONS OF NATIONAL LABOR RELATIONS BOARD with H. D. Oberdorfer and J. S. Oberdorfer, partners, doing business under the name of New Castle Products, New Castle, Indiana, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction of Election, under the direction and supervision of the Regional Direc- tor for the Eleventh Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all production employees of the Company, who were employed during the pay-roll period imme- diately preceding the date of this Direction of Election, including -hourly paid foremen' and employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training,of the United States, or temporarily laid off, but excluding clerical employees, the plant manager, Richard Oberdorfer, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by United Furniture Workers of America (C. I. 0.), Local #616, or by United Brotherhood of Carpenters and Joiners of America, Local 1761, A. F. of L., for the purposes of collective bargaining, or by neither. MR. EDWIN S. S.IIITH took no part in the consideration of the above Decision and Direction of Election.